Article 1 – Identification
The SWEEL.COM website is an initiative of SWEEL SRL.
Avenue Jean-Francois Debecker 107
Article 2 - Application
These general conditions of sale apply, without restriction or reservation, to all products offered for sale on SWEEL.COM (hereinafter referred to as "the Site")
The fact for a natural or legal person to order on the Site implies full acceptance of these general conditions of sale. They are accessible at any time on the Site and will prevail, where applicable, over any other version and over the Customer's own general conditions of purchase or others.
Article 3 - Legal capacity - Acceptance
The Customer declares to be a natural person, of age and to have legal capacity. A person declared incapable can not buy products on the Site and will have to proceed with his purchases through his legal representative.
Any order placed on the Site entails the unconditional acceptance by the customer of these conditions.
Furthermore, the Customer accepts these General Conditions of Sale explicitly by clicking on a box or checking a box next to the words ("I accept the General Conditions of Sale").
Article 4 - Products
The Products offered for sale are the products presented on the site when the Customer places his order, within the limits of their availability.
All the Products offered for sale on the Site are described in good conscience as faithfully as possible. The photos appearing on the website are however devoid of any contractual value. The Site cannot be held liable for any errors present in the descriptions of the Products or in the photos, e. at. slight differences in terms of colors, trims or sizes.
However, the Site cannot be held liable in the event of non-availability of a Product, nor for the damage which may result therefrom. If one or more Products of an order are unavailable. In this case, the Customer will be informed by e-mail that his order is fully or partially canceled or split.
In the event that the unavailability is noted and communicated when the Customer has already paid for its Products, the Site will immediately ask its bank to reimburse the amounts paid. The Customer will be notified by e-mail. The speed at which the actual reimbursement takes place depends on the payment method used by the Customer to make their purchase. If the purchase was made by credit card, the refund will appear on the next monthly credit card statement. If the Client considers that the reimbursement takes too long, he is advised to contact his bank.
In any event, the Site will reimburse within 30 working days.
Article 5 – Price - Terms of payment
The prices are the prices mentioned on the site when the Customer places his order.
The prices are indicated in euros, VAT included. The applicable VAT rate is that in force in the country of origin, ie in Belgium, regardless of the country of destination.
For Switzerland and all other countries outside the European Union, the sale prices displayed are deemed to be tax-free and therefore cannot be subject to a VAT deduction. The Customer acknowledges that he is considered the official importer and that he may, depending on the country of delivery chosen at the time of the order, have to pay customs and / or import duties depending on the legislation in force in the said country.
The prices in force are expressed inclusive of all taxes (TTC), we reserve the right to defer any new tax and rate increase.
Product prices do not include delivery costs. These costs are billed in addition to the Customer, who will have to pay them in addition to the purchase price, depending on the weight of the order and the geographical area in which the delivery is to be made.
The Site reserves the right to modify the sale prices and delivery costs at any time. However, products and costs will always be invoiced on the basis of the prices in effect at the time the order is placed, as long as these products are available.
The Customer agrees that the Site transmits his invoice in electronic form.
The products remain the property of the Site until full payment by the Customer, namely full payment of the purchase price and delivery costs.
Article 6 - Payment methods
The Customer agrees to pay for all purchases made to order via the various means of payment offered. No COD shipment will be accepted, for any reason.
The communication by the Customer of his bank card number constitutes authorization for the Site to debit his account up to the amount of his order. The Customer is debited after confirmation of the purchase and payment is only effective when the Customer's bank has given its consent to the Site. If the latter refuses payment, the order is automatically refused.
The Customer guarantees that he is authorized to make online payments using one of the above-mentioned payment methods and that the bank account linked to the credit card or Bancontact offers sufficient cover to cover all costs generated by the transaction. Otherwise, the Site may refuse the order.
Purchases are made in a secure manner. The Site works with a payment platform (hereinafter referred to as “The Payment Service Provider”) for the processing of online payment. The Payment Service Provider provides a secure payment system. This system is independent of the Site, which is not and cannot be held responsible for its operation. All information communicated during payment is strictly protected and guarantees the compliance and security of each transaction. The Site has no access to this confidential data and does not record it either.
The data recorded and kept by the Site constitutes proof of the order and of all past transactions. The data recorded by the payment system constitutes proof of financial transactions.
The Site reserves the right to refuse any order from a Customer with whom a dispute is ongoing or with whom a dispute has previously arisen. The Site may also refuse an order in the event of non-payment or non-full payment of a previous order.
Article 7 - Ordering Products
Notwithstanding any proof that the Customer may have, it is explicitly agreed that only the data recorded in the computer system of the Site, of its hosting partner or of the Payment Service Provider provide proof of the communication and the content of the order, as well as all transactions that have taken place between the Parties.
Ordering on the site is subject to compliance with the procedure put in place by the Site which provides for a succession of steps that the Customer must follow to validate his order. The customer will have the possibility, before definitively validating his order, to check the details of it and its total price, and to correct any errors, before confirming it to express his acceptance. Any order confirmed by the Customer constitutes a sales contract and acceptance of all the provisions hereof.
To validate his order, the Customer must register on the site - if he does not already have an account - and is required to choose a method of delivery and payment. The total amount payable is clearly displayed throughout the payment process. The order becomes final and cannot be modified once payment has been made.
When registering the Customer's personal data, the latter must ensure the accuracy and completeness of the mandatory data he provides. In the event of an error in the wording of the recipient's contact details, the Site cannot be held responsible for the inability to deliver the product
A confirmation email summarizing the order (products, price, product availability, quantity, etc.) will be sent to the customer Customer. To this end, the Customer formally accepts the use of electronic mail for confirmation by the Site of the content of his order.
The Customer will then receive a second e-mail, when the order is sent, with a tracking code for their package.
Failure by a person to comply with the obligations under the terms of these General Terms and Conditions of Sale, and in particular concerning any incident of payment of the price of an order, may result in the suspension of access to the Site, or even the termination of its account according to the degree of seriousness of the acts in question, without prejudice to any damages that the Site could request. Consequently, the Site reserves the right to refuse any order from a person with whom there is such a dispute.
Article 8 – Complaints
Any complaint relating to an online purchase must, under penalty of being inadmissible, be made within 48 hours of delivery of the order. Any complaint must be sent by e-mail to the address email@example.com and include the order number, the name of the article concerned as well as the precise grounds for dispute.
Article 9 - Right of withdrawal and terms of return
Unless otherwise stated on the site, particularly in the case of a personalized product (dedication for example), the Customer, if he is an individual, has a right of withdrawal of 14 days. Within 14 calendar days from the day after receipt of the package, the Customer must inform the Site of his intention to use his right of withdrawal.
Any return must be the subject of a prior request, using the form provided for this purpose (link to the form). The date of submission of the request is valid in relation to the 14-day withdrawal period.
The right of withdrawal for delivered Products only applies to the extent that the Product is also actually returned within 7 calendar days after the Customer has informed the Site of his intention to terminate his purchase via the aforementioned form.
The Product subject to withdrawal must be returned in new condition, complete, in its original packaging, and accompanied by the original sales invoice (of which the Customer keeps a copy) as well as a printed copy of the aforementioned form in full. completed. Any return for which the sender cannot be identified or which does not comply with the defined return terms and conditions will be refused.
Once said 7 calendar days have expired, the Site will no longer be able to accept the return, which will be returned to the sender at its expense. The return must be sent to the following address, also clearly stated on the return document:
Return order eShop
Avenue Jean-François Debecker 107
All returns are made at the expense, risk and peril of the Customer.
The Site reserves the right to offer the Customer an exchange or an adaptation of the product purchased. In the absence of acceptance by the Customer of this possible proposal, the reimbursement of the purchase will take place within 30 calendar days after receipt in time of the return, and this provided that all the conditions described above have been rigorously respected. In any case, the amount refunded will never exceed the amount actually paid by the Customer for the Product.
This reimbursement will take place in accordance with the following terms:
If the Customer has paid for his order by means of a credit card, a credit will be granted on the credit card used by the Customer to pay the purchase price of the returned items, after checking the said items and deducting the sums due or vouchers or discounts used to pay for the order. The reimbursement to the Customer will be made according to the terms agreed with the bank issuing the card.
Article 10 - Legal warranty
The Site guarantees that the products offered for sale have no visible or invisible defect preventing the use of the Product.
Article 11 - Responsibility
The Site can in no way be held responsible for any direct or indirect damage (interruption of operations, loss of profit, loss of opportunities, etc.) resulting from the use or unavailability of the site.
The Site is also not responsible for any damage caused to the Customer's systems as a result of the site visit, such as, among other things, the presence of Trojans from outside or computer viruses.
The Site cannot be held responsible for any errors in the photos or texts used to describe the Products on the Sites.
The Site cannot be held responsible for the inability to deliver the orders due to the exhaustion of stock or for a reason beyond its control, including cases of force majeure, such as inter alia disruption or shutdown of transport, post or communication services, flooding or fire, or inconvenience or damage inherent in the use of the network.
The Site strives to ensure to the best of its ability the accuracy and updating of the information published on the Site, the content of which it reserves the right to correct at any time and without notice. However, the Site cannot guarantee the accuracy, precision and exhaustiveness of the information it makes available, which information does not constitute a guarantee or a commitment on the part of the Site with regard to the Internet user.
In particular, the Site cannot be held responsible:
- any imprecision, inaccuracy or omission relating to the information available on the Site;
- any damage resulting from a computer intrusion by a third party leading to a modification of the information made available on the Site;
- and more generally, any damage, direct or indirect, whatever the causes, origins, natures and consequences, caused by anyone accessing the Site or the inability to access it, same as the use of the Site and / or the credit given to any information coming directly or indirectly from the latter.
It is recalled that the Site does not control the risks associated with the functioning of the Internet and draws the attention of Internet users to the existence of possible risks in terms of confidentiality of data passing through this network.
The Site cannot be held responsible for any non-performance which may have originated in a case of force majeure, beyond its control, including in particular, without this being limiting, cases of war, riot, insurrection, interruption. transportation, import or export problem, strike, lockout, shortage, fire, earthquake, storm, flood.
In all cases where the Site's liability is or could be called into question, it will be limited to the amount actually paid by the Customer for the order concerned.
Article 12 – Private life
Article 13 – Intellectual property
All elements, such as among others the texts, drawings, the database gathering all the data published on the Site, the layout and the graphic concept of the Web pages, the sales catalog, the logos, the photos , images, videos and music on the Site are protected worldwide by copyright, database rights, trademark rights, patent rights and other forms of intellectual property rights. They therefore remain the exclusive property of the Site.
Any form of copying, publication, infringement or other form of use is therefore prohibited without the prior written consent of the Site. This consent must have been obtained in writing. Any violation of this clause will be subject to legal action.
Article 14 – Disability
If for any reason a provision of these general conditions should be declared inapplicable, this inapplicability will not affect the application of the other provisions of the general conditions. The one deemed inapplicable then being replaced by the closest possible provision.
Article 15 - Disputes and applicable laws
Any order automatically entails the customer's acceptance of the general conditions of sale. These general conditions of sale are governed by Belgian law. Only the courts of the judicial district of Brussels will be competent to settle any possible dispute arising between the parties concerning the contract.